With reference to the India-US Extradition Treaty (1997), consider the following statements:
- The treaty operates on the principle of dual criminality, which requires that the exact legal nomenclature of the offence be identical in both countries' legal systems.
- While political offences are generally exempt from extradition, the treaty explicitly excludes offences like terrorism and drug trafficking from this protection.
- The Rule of Speciality permits the extradited person to be tried for any new offence discovered after the extradition, provided it is punishable by more than one year of imprisonment.
Select the correct codes from below:
Explanation – The India-US Extradition Treaty (1997) regulates extradition between the two countries and is founded on the principle of dual criminality. Under dual criminality, an offence is extraditable only if it is punishable by more than one year of imprisonment in both jurisdictions, and the underlying conduct must be a serious offence in both countries; the exact legal terminology need not be identical.
Political offences are exempt, but murder, terrorism, hostage-taking, drug trafficking, and related offences are specifically excluded from this protection. The Rule of Speciality means the extradited person can ordinarily be tried only for the offences for which extradition was granted, not for any newly discovered offence.
Explanation – The India-US Extradition Treaty (1997) regulates extradition between the two countries and is founded on the principle of dual criminality. Under dual criminality, an offence is extraditable only if it is punishable by more than one year of imprisonment in both jurisdictions, and the underlying conduct must be a serious offence in both countries; the exact legal terminology need not be identical.
Political offences are exempt, but murder, terrorism, hostage-taking, drug trafficking, and related offences are specifically excluded from this protection. The Rule of Speciality means the extradited person can ordinarily be tried only for the offences for which extradition was granted, not for any newly discovered offence.